Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

An injured worker called us for help.  The insurance company doesn't dispute that he hurt his arm on the job.  In fact they have already paid for his surgery.  He has a 12 week physical therapy program and has completed two weeks of it.

Earlier this year, not anticipating that he would get hurt on the job, he booked his family's dream vacation to Disney World (side note, I was dreading that trip with my family, but took my kids this year and that place is awesome.  So well run and everyone is so friendly).  Not only is the money he paid for the trip non-refundable, but his wife and kids have been talking about it for months.  He certainly doesn't want to let them down.

The insurance company told him that if he took his vacation and missed out on physical therapy they would terminate his benefits.  Obviously this created a huge dilemma for him.

The good news is that there is a solution to his problem.  We suggested that he get a home physical therapy program to take with him to Disney.  It's important that he recover, but you don't have to drop every aspect of your life if you are hurt on the job.  While he can't do anything that would hurt his condition and it would be unreasonable to take months of time away, a pre-planned vacation would almost certainly not be deemed unreasonable. 

We will go to the insurance company with our very reasonable plan and will show case law that supports our position.  If they still cut him off we will file a trial motion and a petition for penalties and fees that will punish them for what would be unreasonable behavior.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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This was a comment from a reader who got lateral epicondylitis from working as an assembly line worker.  With no training he started a 12 hour day with heavy use of his right arm.  At the end of the 2nd day his elbow was really hurting him.  After two more days of work he went to his doctor who referred him to an orthopedic specialist that made the diagnosis.

He didn't want to risk his job, but knew that if he failed to report his injury to his boss he could forfeit his right to workers' compensation benefits in Illinois.  He told his foreman that his doctor felt the job was contributing to the problem and the foreman just blew it off saying that he didn't work there long enough to have a job injury.

Of course the foreman is wrong.  This is a legitimate injured, detailed as caused by the job from a medical doctor who specializes in treating elbow problems.  We will take on this case and get benefits for our client who now needs surgery.  Had he waited too long he likely wouldn't have been able to do the job and he would have risked eligibility for benefits.  If they let him go they will have to keep paying him benefits until he has a full duty release so they actually have a motivation to keep him on.

Moral of the story:  Don't listen to non-attorneys when determining if you have a valid case.  This is especially true if the person giving the "advice" doesn't have your best interests at heart.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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This tongue in cheek comment was made by a nice woman that called us venting about her current attorney and how he is doing nothing for her, doesn't return her calls, hasn't been an advocate for her, etc.

No lawyer can truly guarantee  a result, but they certainly can control their effort.  It doesn't take much to pick up the phone and call someone back, answer questions and basically treat someone like they would want to be treated.

Over at the Illinois Workers'  Compensation Commission we see attorneys berate their clients and generally treat them as if they are a nobody.  Of course this isn't everyone or even the majority of lawyers.  Most Illinois work injury attorneys are good people that truly try their best for their clients.  But some are able to treat their clients like garbage and still sleep at night.  I will never understand how a lawyer can turn a deaf ear to a client they vowed to help who is now losing their home or can't get the medical treatment that they desperately need.

The system in Illinois favors injured workers.  If your attorney isn't lazy and the facts are on your side you should almost always win.  Whether it's our firm or someone else representing you, if you don't feel that your lawyer is in your corner (or if you feel that they are so favoring the employer they might be a co-worker!) switch before it's too late.

Sadly, many of the attorneys we hear complaints about are lawyers who seem to be in the pocket of some union stewards.  The union tells the member who to hire and when things don't go right they do nothing about it.  Fortunately for you, you can choose who to hire.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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A reader wants to know if it's legal for an insurance company to conduct surveillance on them.  Apparently he realized that a car parked across the street from his house was a surveillance company.  This reader was actually pretty savvy as he called the police because he knew that to conduct surveillance this company was required to register with the police what they were doing.

Yes this is legal.  In cases where the injuries are pretty big or there is a report that the worker isn't as injured as he says he is, insurance companies with hire private detectives to follow you around.  Typically they will do this for one to five days.  The most common time is after a big snow fall (to see if you are shoveling) or on a really nice weekend day.   If they know that you are in a softball league they will probably be there too.

It's honestly not much to worry about.  We preach a lot in this site that if you are honest then things will go fine.  Same thing here.  Who cares who is watching you if you are not exaggerating your problem or ignoring the restrictions your doctor gave you.  You also have to live your life so if your doctor says no lifting more than 10 pounds, but you need to bring in the groceries, a Judge isn't going to likely hold against you a one time occurrence.  On the other hand, if you aren't supposed to use your arm, but are seen throwing footballs or shoveling the drive you are asking for trouble.

The reader said that he heard from one co-worker that the insurance company hired someone to move in next door.  We can all but guarantee that didn't happen because the cost to pay for someone to follow you would exceed what you can recover.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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If you get hurt on the job in Illinois your employer can give you a drug test to see if you were under the influence of drugs or alcohol when you got hurt. You can also refuse to take the test.

If you are found to be on drugs when you got hurt that may be the basis for denying your claim. You could have smoked marijuana three days before you were hurt and still have it in your system. Of course that wouldn't have led to an accident, but it might lead to your case getting denied.

We've seen cases where someone got a drug test six months after the accident and the company used that as a basis for cutting off their benefits. It's nonsense of course, but it's something you need to be prepared for.  Like any other injury, the most important thing is to tell the truth, especially when reporting how the accident occurred to your doctor.  You might have marijuana in your system from smoking pot on a Saturday, but if your back pops when lifting at work on Monday there is no way that you should not get the benefits that you are entitled to.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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A reader ask:

In Illinois how many doctors can a Injured worker see on
his or her own?If my doctor and the Work Comp doctor do not agree with
treatment can I see a second doctor of my own?

Under Illinois workers' compensation claims, you choose your own doctor.  Your employer can send you to a doctor of their choosing for a one time visit.  You are entitled to two choices of doctors, but that doesn't mean that you can only see two doctors.  Confusing?  Let me try to explain.

The reality of the law in Illinois is that you are allowed two chains of medical referrals.  If you get hurt and go to your primary doctor and that doctor sends you to an orthopedic doctor who in turn sends you for an MRI, then physical therapy, then to a pain management doctor and finally to another orthopedic doctor for a 2nd opinion, that is one chain of referrals.  If you wanted a 2nd opinion you could seek one out on your own or ask one of the doctors you have already seen for a referral.  If it's from a referral it doesn't count as a 2nd opinion because it's still part of the first referral chain.

I've probably confused you more than before, but let me tell you the key thing to remember.  If you go beyond to chains of referrals, even if it's a compensable injury, the insurance company doesn't have to pay.  If you want a 2nd opinion I always tell my clients to ask their primary doctor to make a referral for them so this doesn't become an issue.

Now back to the original question.  While this reader can get a 2nd opinion, if the case is being hurt because of the doctor the company got, I wouldn't tell her to get a 2nd opinion.  Instead, if her doctor is credible I would simply motion the case for trial and let the Arbitrator decide who to believe.  In general Arbitrators give more weight to the opinion of a treating doctor.  If the reason for wanting a 2nd opinion is to help the case, it could actually hurt the case if the new doctor agrees with the company doctor.  This case is going to go to trial anyway because once an insurance company has a doctor in their favor they usually dig in their heels.  So instead of delaying, let's get before the Judge, win your benefits and let you focus on getting better.  That's how I would handle it.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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I was assigned to jury duty today for the first time in my life.  Last night I called the juror hot-line and discovered that my service was going to be postponed for one week.  Off the hook for today, but it's a temporary reprieve.

I've been an attorney since 1997, but almost never appear before a jury because Illinois workers' compensation claims are decided by Arbitrators.  This saves time, money and helps cases move forward.  It also doesn't put the fate of a client in the hands of someone who doesn't want to be there.

I always hear about people dreading jury service and never really put much thought in to it because it never had been something I had to deal with.  But getting the jury summons and having to think about going to the jury pool when I've got 1,000 other things I'd rather do really helped me understand why people dread it.  I even googled how to get out of jury duty just out of curiosity (not that I would ever do that).  I imagine being a lawyer I won't get picked and even if I do get picked it won't be that bad. 

All that said, when I think of how this will interrupt my practice, I imagine that others feel the same way and would guess that there are people who do get picked that are bitter the whole time or rush a decision just so they can get home.  I would hope that I wouldn't sub-consciously do that and just make the best of it.

Either way, I'm thankful for me and my clients that their fate is decided by an Arbitrator, not a jury.  It allows us to help more people and makes cases go faster.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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Overheard a petitioner's lawyer at the Illinois Workers' Compensation Commission trying to settle a case and as part of his pitch he said, "Oh and by the way, she's got one of those b.s. RSD problems too."

Complex Regional Pain Syndrome is often disputed because many of the symptoms are subjective beyond a cold and purplish skin surface.  It's also a somewhat newer diagnosis and is often fought by insurance companies.

We have seen numerous clients suffer with this injury and know how legitimate of a problem that it is.  That reality was driven home by a friend of the firm that doesn't have a case.  We had carpal tunnel surgery that went bad and went on to cause severe CRPS in his hands, arms and neck.  This guy was one of the most active, athletic, outgoing people we know.  He now must takes scores of pills a day and if he wants to look to his left, he has to turn his whole body.  He missed years off of work and was a guy who was truly a workaholic.

Good news is that today he is back to working 70 hours a week like he loves to do.  Most of our clients eventually make a recovery too, although they are usually not the same person.  No matter what happens, we believe our clients and would never sell them out when trying to resolve their cases.  The attorney who said it was trying to be funny (as if that was funny), but let's be honest; he did nothing but hurt his client.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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A new client stepped down from a ladder and felt a pop in his knee.  He tore his meniscus and is scheduled for surgery.  He called just to make sure that the insurance adjuster who told him that his case was no compensable was telling the truth.

News flash.  The adjuster is not looking out for you.  Sometimes they are nice, sometimes mean, sometimes they ignore you, sometimes they act like a friend.  In every scenario they make money by saving their employer money.  They are trying to reduce the costs involved in your case.  They are not there to look out for you.

Having an attorney levels the playing field.  An insurance company isn't going to tell you that you have a case if they think you will believe that you don't.  For our new client there is crystal clear case law that shows he was at an increased risk to the general public when he got hurt.  In plain English that means his case is covered under Illinois work injury law and he wins.

We don't pick battles with insurance companies - we fight when we have to, but find that keeping things amicable helps our clients.  That said, we also don't listen to non-sense like them telling us what is going to happen if we go to court.  We know the law and if it's on the side of our clients we make sure that the law is enforced.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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We get asked this question a lot by people who have an Illinois workers' compensation claim.  The quick answer is that almost every case entitles you to some sort of settlement.  Even in the most minor of injuries an insurance company will usually offer some dollar amount to make a case go away.

We don't take "minor case" such as back strains with very little treatment or finger contusions.  But even in those cases an insurance company will offer you something.

For the cases we do take, as long as the accident is related to the job activities we always are able to get money for our clients and more importantly we protect them.  By that we mean that we never resolve a case until it's the right time, we make sure that all bills have been paid and we consider how this injury will affect them in the future.

Some people call us and say that the insurance company told them that their file was closed or that there won't be an offer. As long as you get to us before the statute of limitations expires, we can "re-open" your case and obtain appropriate compensation or other benefits for you.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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A caller asks if he is entitled to TTD benefits after his upcoming back surgery.  He retired from his employer a year ago, but now needs a fusion which is related to a work injury from this employer.

Even though he is voluntarily out of the work force, if he is completely authorized off of work following the surgery, he is still entitled to benefits.  Those benefits will continue until he either gets a full duty release or a release with restrictions that the old employer could have accommodated.

The reason for all of this is just because you retire from one company does not mean that you don't want to work anywhere.  Since the work related back surgery is taking him out of the work force, he is entitled to TTD benefits.  It may be counter-intuitive, but it's the law in Illinois and that's all that matters.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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We were contacted by a laborer that blew out his back on the job and can no longer perform his usual line of work.  He was a 1099 employee who was told that his case wasn't covered because he was an independent contractor.

Under Illinois workers' compensation law, just because you get a 1099 doesn't mean that you are an independent contractor.  Rather we look to see what right of control does your employer have over you.  If they tell you where to go, what to do, when to be there, prevent you from working elsewhere, etc., then you are an employee.

The person that contacted us hired an attorney who rightfully filed the case with the Illinois workers' compensation commission.  But for some strange reason he failed to notify the insurance company of the employer that a case was filed and since the company didn't do that either this person never got paid.

The good news is that he got a judgment for around one million dollars.  The bad news is that he now has to try and collect that from the employer who if they file bankruptcy can make that judgment go away. Had the insurance company been notified, not only would they have to pay everything, this nice man would have likely been paid a long time ago.  It's great that he has a judgment, but will he ever collect?  If not it was a million dollar mistake.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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The following was submitted recently:

I recently was injured at work and ruptured my left distal bicep tendon. It was surgically repaired 4 days later. I don't know if I can return to my old job and do not know how much function or strength  I will regain. Am I entitled to a settlement and if so, any idea of possibly how much?

We give more free advice than any attorney we have come across, but other than saying yes that this person is entitled to a settlement although depending on the ultimate recovery it might make more sense to not settle and keep his medical rights open.  Either way, we can't tell what the case is worth until he is as good as he is going to get medically speaking and we see what type of work he can do.

Bottom line is that it's worth something, probably a lot, but as an injured worker we suggest that you first focus on your health.  We have never seen a situation where someone received more without a lawyer than they would have with one.  If you want our help with evaluating your case let us know.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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A recent caller wanted to know what his case was worth because his doctor had given him a 5-10% impairment rating concerning his shoulder injury.  In many states doctors rate the case and that is how you know what it is worth.

Illinois specifically does NOT recognize doctor ratings to determine the value of an injury.  We determine permanent partial disability based on a review of the medical records, the status of your job and comparing all of that to past cases decided at the Illinois Workers' Compensation Commission.

In the case of the caller, he had a rotator cuff repair with permanent restrictions and a likely 2nd surgery.  It's too soon to say what the case is worth, but we can tell you that it's going to be worth way more than 5-10% loss of the arm no matter what the doctor says in his impairment rating.  Literally an impairment rating by a doctor has no impact on the case and it's not supposed to be admitted as evidence.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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One of the most common allergies is a reaction to latex products, most often latex gloves.  Some people develop such a severe allergy that just being around latex causes them to break-out, have trouble breathing and in the worst case scenario can cause a death.

If you work for an employer and then develop a latex injury, it is a covered workers' compensation claim in Illinois.  Your employer has a duty to take the latex exposure away from you and if they don't, they will have to pay you for your time off of work.  Either way they will have to pay for all of your medical bills related to this problem.

If you are having a latex exposure problem we strongly encourage you to get prompt medical attention, explain to your doctor (preferably an allergist) what is happening and follow their recommendations.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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We'll be blogging again next week.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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We are injury attorneys that focuses on job accidents and make referrals to the top lawyers in Illinois for other areas of law.   A recent call brought to mind a sad reality about Illinois wrongful death laws.

The son of a worker that was crushed to death on the job called us looking for help.  Unfortunately the dad had no dependents and was divorced so under Illinois law the only thing that could be recovered from workers' compensation was payment of medical bills and the funeral bill.  Had he any dependents, the minimum payment would have been $500,000.  Had he survived, the accident likely would have cost the insurance company hundreds of thousands of dollars in medical bills and lost time.

Because a co-worker was at fault for the death, there is no one we can sue for this tragic accident.  Even if there was someone to sue, the amount that could be recovered is way less when someone dies in almost every instance.  And although he had three loving children and four grandchildren, because none of them were financially dependent upon him, the insurance company will end up paying less than $10,000 as a result of a death on the job.

Sad but true.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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